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Sentences
for Driving Under the Influence
Vehicle Code Sections 23152 (a) (b)*
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| Offense |
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Minimum and
Maximum Sentences when Probation is granted (3 to 5 years probation
term) |
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Minimum and
Maximum Sentences without Probation |
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First Offense
within 10 years |
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Two options,
both requiring attendance at an alcohol/drug program, a fine
of $390 to $1,000,* plus either: (A) 48 hours to six months
in jail; or (B) A Six month driver's license suspension by the
DMV.. Under option (A) the Court
may also suspend your license for 6 months. Under either option
, the Court will suspend your license for 6 months if the offense
occurred in a vehicle which requires a class A or B license. |
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90 days
to 180 days in jail, $390 to $1,000 fine, and and 18-month license
suspension |
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Second
Offense
within 10 years |
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Two
options, both carrying a fine of $390 to $1,000*, plus either:
(A) 10 days to 1 year in jail and an 18-month license suspension;
or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug
program; DMV will suspend your driver's license for two years. |
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90
days to 1 year in jail, $390 to $1,000* fine, and an 18 month
license suspension. |
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Third
Offense
within 10 years
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120
days to 1year in jail, $390 to $1,000 fine, a 3-year license
revocation,
and an 18-month alcohol/drug program if you have not completed
one before. |
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120
days to 1 year in jail, $390 to $1,000 fine, and a 3 year license
revocation. |
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| Fourth
or Subsequent Offense within 10 years |
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120
days to 1year in jail, $390 to $1,000 fine, a 4-year license
revocation, and an 18-month alcohol/ drug program if you have
not completed one before. |
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16
months, or 2 or 3 years in state prison, or 180 days to 1 year
in county jail; $390 to $1,000 fine, and a 4-year license revocation. |
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*
Fines are base amounts only. All dollar fines receive a penalty
assessment of 240 percent added to them. That means a fine
of $390 becomes an actual payment to the Court of approximately
$1,700.00.
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DMV
Penalties for DUI Convictions**
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| Offense |
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BOH/Refusal |
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Sentence |
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| First
Offense |
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.08
or greater |
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4-month
suspension |
| First
Offense |
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Refusal |
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1
year suspension |
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Second
Offense
within 10years |
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.08
or greater |
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1
year suspension |
Second
Offense
within 10 years |
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Refusal |
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2
year revocation |
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Third
Offense
within 10 years |
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.08
or greater |
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3
year revocation |
Third
Offense
within 10 years |
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Refusal |
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3
year revocation |
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Fourth
Offense
within 10 years |
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.08
or greater |
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4
year revocation |
Fourth
Offense
within 10 years |
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Refusal |
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4
year revocation |
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**
Remember that the DMV imposes penalties that are separate
from what the Court imposes. For example, on a first time
DUI, the Court probably won't suspend your license, but the
DMV definitely will (if you lose your admin per se hearing).
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